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TOWN OF NIAGARA v. CITY OF NIAGARA FALLS

175 A.D.2d 571 (1991)

Town of Niagara, Appellant, v. City of Niagara Falls et al., Respondents. (Action No. 1.) City of Niagara Falls, Respondent, v. CECOS International, Inc., et al., Respondents, and Town of Niagara, Appellant. (Action No. 2.) (Appeal No. 2.)

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 12, 1991

Order unanimously affirmed without costs.

Memorandum:

Supreme Court properly denied plaintiff's motion characterized by plaintiff as seeking "leave to reargue and/or renew". We conclude that plaintiff's motion is one to renew, and not one to reargue, because it was made on the ground of additional material facts not previously considered. The renewal of a motion should be denied where, as here, the movant "failed...

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